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LAIGO III v. King County Jail; Harborview Medical Center; Sagi, Dr.; Acting Physician; Custody Officers, King County Jail; Transport Officers, King County Jail; Supervisors, King County Jail; Jail Health Services Nurses and Providers, Defendants. (2020)

United States Court of Appeals, Ninth Circuit.

Benjamin Andrew LAIGO III, Plaintiff-Appellant, v. KING COUNTY; Urquhart, Mr.; Sheriff KCCF; Marcus Williams, Mr.; Capt. KCCF; Benjamin Sanders, M.D., Director, Mr.; Director of Medical Services, KCCF; Cathrine Scheoder, Ms.; ARNP, Medical care provider for Mr. Laigo, named in Complaint; Carlyn Michels, Ms.; RN who initially assisted Ms. Scheoder as well as Ms. Loise Wanjohi; Loise Wanjohi, Ms.; RN; Christopher Derrah, RN; Rodosting Decheva, RN; Terra Bowles, Ms.; MD; Jennifer Jones-Vanderleest, Ms.; MD; Nancy Ledgerwood-Vanvleck, ARNP; Pamela Dunderdal, RN; Tina Choe, RN; Carlyn Vertocci, DDS; Cynthia Kalka, RN; Monica Manley, RN; Maria Lantada, RN; Michael Velasquez, RN; Behauden Omer, RN; Elaine Henriksen, ARNP; Gabriala Diebate, RN; Sueanne Brent, RN; Hayat Omer, RN; Yukio Kimura, Officer; Norman Leon Walton, Officer; Peter Joseph Fisher, Officer; Lee Roy McClelland, Officer; Chad Randall Lengyel, Officer; Eric Burrows, Officer; Gary Steven Towne, Officer; John Faafaga Leimbach, Officer; Sonya K. Weaver, Officer; Michael Herbert Goodman, Officer; Michael Justin Garcia, Officer; Lawrence David Reis, Officer; Manginder Singh Chana; Thomas Edward Brown, Officer; Steven Spadoni, Officer; Cameron Wilson Walker, Officer, Defendants-Appellees, King County Jail; Harborview Medical Center; Sagi, Dr.; Acting Physician; Custody Officers, King County Jail; Transport Officers, King County Jail; Supervisors, King County Jail; Jail Health Services Nurses and Providers, Defendants.

No. 19-35517

Decided: November 10, 2020

Before: O'SCANNLAIN, TROTT, and N.R. SMITH, Circuit Judges.

Benjamin Andrew Laigo, III, Pro Se Jessica Kozma, Sr. Deputy Prosecuting Attorney, Ann Marie Summers, King County Prosecuting Attorney's Office, Seattle, WA, for Defendants - Appellees King County, Marcus Williams, Benjamin Sanders, Cathrine Scheoder, Carlyn Michels, Loise Wanjohi, Christopher Derrah, Rodosting Decheva, Terra Bowles, Jennifer Jones-Vanderleest, Nancy Ledgerwood-Vanvleck, Pamela Dunderdal, Tina Choe, Carlyn Vertocci, Cynthia Kalka, Monica Manley, Maria Lantada, Michael Velasquez, Behauden Omer, Elaine Henriksen, Gabriala Diebate, Sueanne Brent, Hayat Omer, Yukio Kimura, Norman Leon Walton, Peter Joseph Fisher, Lee Roy McClelland, Chad Randall Lengyel, Eric Burrows, Gary Steven Towne, John Faafaga Leimbach, Sonya K. Weaver, Michael Herbert Goodman, Michael Justin Garcia, Lawrence David Reis, Manginder Singh Chana, Thomas Edward Brown, Steven Spadoni, Cameron Wilson Walker Ann Marie Summers, King County Prosecuting Attorney's Office, Seattle, WA, for Defendant - Appellee Urquhart

MEMORANDUM *

Benjamin Andrew Laigo, III, appeals from the district court's grant of summary judgment to King County and 39 of its individual employees (together, “King County”). As the facts are known to the parties, we repeat them only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291.

I

A

Laigo characterizes King County's alleged wrongs as Eighth Amendment violations. Because the complained-of conduct occurred during pretrial detention, the rights he asserts would derive from the Fourteenth Amendment. Bell v. Wolfish, 441 U.S. 520, 535, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Because Laigo is a pro se prisoner, we liberally construe his pleadings as though they had properly alleged Fourteenth Amendment violations. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000).

To establish such violation, Laigo would need to show King County acted with “objective deliberate indifference” to his “serious medical needs.” Gordon v. Cty. of Orange, 888 F.3d 1118, 1124–25 (9th Cir. 2018).

B

Laigo fails to locate “objective deliberative indifference” in King County's denial of his requests to prescribe certain opiate pain medications, the timetable set for his transition from a wheelchair to crutches, or the fact that physical therapy was provided by outside specialists (rather than on-site in jail). King County offered ample evidence of such medical decisions’ objective soundness. Laigo proffered no evidence to the contrary. Rather, his allegations express his personal disagreement with such decisions. But mere difference of opinion between an inmate and medical authorities regarding proper treatment does not constitute “deliberate indifference.” Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996). Thus, the district court did not err in holding that King County did not act with “[m]edical deliberate indifference.”

II

Nor is Laigo availed by the other, miscellaneous legal theories toward which he gestures: His argument that the district court mis-applied the legal standard for ruling on cross-motions for summary judgment, is inapposite. Laigo did not file a cross-motion for summary judgment, or even a response to King County's motion for summary judgment. His argument that the district court's grant of summary judgment violated his right to civil jury trial, is meritless. It is firmly established that summary judgment does not violate the Seventh Amendment. E.g., Fidelity & Deposit Co. v. U.S., 187 U.S. 315, 320, 23 S.Ct. 120, 47 L.Ed. 194 (1902).

AFFIRMED.

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LAIGO III v. King County Jail; Harborview Medical Center; Sagi, Dr.; Acting Physician; Custody Officers, King County Jail; Transport Officers, King County Jail; Supervisors, King County Jail; Jail Health Services Nurses and Providers, Defendants. (2020)

Docket No: No. 19-35517

Decided: November 10, 2020

Court: United States Court of Appeals, Ninth Circuit.

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